Brisbane Times and Sun-Herald journalist

A police officer accused of leaking footage of an alleged police assault on the Gold Coast two years ago has had a complaint against the Queensland Police Service over an alleged breach of privacy dismissed.

The officer, whose name is subject to a non-publication order, launched legal action against the Queensland Police Service claiming his privacy had been breached when details of a raid on his home appeared in the media.

In a recently published Queensland Civil and Administrative Tribunal decision, senior member Kerrie O'Callaghan said the alleged whistleblower, known as “AXP” in the judgement, had not substantiated his claims against the QPS.

The leaked CCTV footage showed two police officers apparently bashing Nerang chef Noa Begic in the basement of the Surfers Paradise police station in January 2012.

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An investigation was launched the following month after the footage was made public in the media, which led to an internal police investigation into the leak of the footage.

Police executed a search warrant at AXP's house on March 16, 2012, the details of which were contained in an executive briefing note that was distributed among certain staff in the QPS.

Three days later, the Queensland Police media unit was asked by journalist “WR”, whose name is also subject to a suppression order, seeking confirmation of details contained in that briefing note.

The following day, a story was published in a newspaper containing details that AXP claimed could only have come from the QPS.

“Also, the Queensland Police Service have (sic) breached information privacy principle 4 (PP 4) by failing to ensure the document was protected against unauthorised access, use, modification or disclosure.”

Ms O'Callaghan said although she was “satisfied that a member or members of the QPS disclosed information in the (executive briefing note) to WR”, the QPS was, as an agency, not liable for that disclosure.

She said the Information Privacy Act did not apply to the executive briefing note.

“As such, the complaint has not been substantiated,” Ms O'Callaghan said.